Professional Documents
Culture Documents
2) I know that I can challenge him in court anytime, but is there any chance of winning?
Asked 2 years ago in Property Law
Religion: Muslim
13 Answers
A. Yes, you can file case against him on coercion based and able prove the gift deed was forced to sign.
You can file under limitations act and cancel the gift deed as per gift deed act and the contract act for
fraud and misrepresentation, coercion.
4.9 on 5.0
5.0 on 5.0
A. Suit for setting aside gift deed ought to ha e filed within period of 3 years of execution of gift deed
5.0 on 5.0
A. The gift deed is irrevocable unless fraud coercion and cheating was involved and the donor was
coerced and compelled into gifting the property. Therefore you can challenge the transaction.
Regards
(/lawyer/rahul-mishra)
Rahul Mishra
(/lawyer/rahul-
mishra)
Legal advice online in India
Advocate, Lucknow
Available Now
(/talk-to-a-
lawyer/rahul-
mishra)
13688 Answers
63 Consultations
5.0 on 5.0
A. 1. Coercing you in to signing the document for usurping your property is a criminal offence which can
be reported anytime on the pretext that you were not in a position to lodge the complaint.
2. For civil case, there is a limitation period. However, you can file the declaratory suit before the civil
suit court after filing the criminal case, praying for a declaration that the said deed of conveyance you
had registered in favour of your brother is invalid hence liable to be cancelled since it was registered by
you under coercion.
5.0 on 5.0
A. Hello,
Yes you can file a suit and also seek injunction so he cannot sell the property. Yes there is a chance of
winning,.
Regards
Swarupananda (/lawyer/swarupananda-neogi)
Neogi
(/lawyer/swarupa
nanda-neogi)
Advocate, Kolkata
2938 Answers
6 Consultations
4.7 on 5.0
Talkonline
Legal advice to Advocate
in India Swarupananda Neogi (/talk-to-a-lawyer/swarupananda-neogi)
A. 1. Three years is the time limit for filing a suit to cancel the registered gift deed for the reasons that
you may rely upon.
2. Unfortunately, beyond three years from the date of execution of the registered gift deed, it cannot be
challenged or cancelled as it is barred by limitation.
T Kalaiselvan (/lawyer/t-kalaiselvan)
(/lawyer/t-
kalaiselvan)
Advocate, Vellore
Available Now
(/talk-to-a-
lawyer/t-
kalaiselvan)
77468 Answers
1474 Consultations
5.0 on 5.0
A. 1.As per law, the limitation period for filing a case to cancel the registered gift deed is only 3 years from
the date of execution/registered of Gift Deed.
2. No, you cannot challenge him anytime , i.e. out of limitation period .
- Since, your brother has taken the possession of the said property , by way of fraud/duress/coercion ,
hence, according to section 53 of the Transfer of Property Act (https://www.kaanoon.com/indian-
law/transfer-of-property-act/), such possession is illegal and can be nullified by the court of law.
- According to section 17 of Indian Limitation Act, in such cases, the limitation period to file a case
starts when the fraud has been discovered/ came to knowledge.
- Hence, under Sections 64 and 65, you are entitled to a period of at least 12 years of limitation after
you discovered the fraud.
- Further , A Gift of immovable property, which is not registered, is bad in law and cannot pass any title
to the donee. and the documents should be stamped and registered as required, and attested by two
witnesses.
- So, if the said Gift deed is not registered before the Registrar in the presence of two witnesses , then
also this Gift deed is having no value legally.
(/lawyer/mohammed-shahzad)
Mohammed
Shahzad
(/lawyer/moham
Legal advice online in India
med-shahzad)
Advocate, Delhi
9543 Answers
109 Consultations
5.0 on 5.0
A. Dear Sir,
A gift deed, or rather any conveyance can be challenged in court on the basis of its legality subject to
the law of limitation and proof of its illegality. You cannot prevent anyone from approaching the court
of law.
The period of limitation starts running from the moment you have knowledge of the deed. If you do not
approach the court within prescribed period of limitation to challenge the deed, your challenge will not
be entertained.
If somehow the person is able to show that he had no knowledge of the gift till recent times and he has
filed a suit within limitation, he will still have to prove that document is illegal.
So if both issues are satisfied then challenge would survive, otherwise it will fail.
Netravathi (/lawyer/netravathi-kalaskar-2)
Kalaskar
(/lawyer/netravat
hi-kalaskar-2)
Advocate,
Bengaluru
4952 Answers
27 Consultations
4.8 on 5.0
5.0 on 5.0
Talk to Advocate Mohit Kapoor (/talk-to-a-lawyer/mohit-kapoor)
A. 1.You can challenge the same. The limitation is not over. You can even file condonation of delay.
2. Yes you can
4.4 on 5.0
Mohammed (/lawyer/mohammed-mujeeb)
Mujeeb
(/lawyer/moham
med-mujeeb)
Advocate,
Hyderabad
19012 Answers
32 Consultations
4.5 on 5.0
A. 3 years from the date of registration since it is executed under coercion, hence, voidable. Can file
cancellation suit, No court fees.
You cannot challenge anytime but within given time and can win if able to prove coercion.
Ask a Lawyer
Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a question
Get legal answers from lawyers.
It’s quick, easy, and anonymous!
Talk to a lawyer
Schedule a 15-minute call with a
lawyer.
It’s quick, easy, and confidential!